Secretary, Ministry of Finance v. Masdar Hossain
| Secretary, Ministry of Finance v. Masdar Hossain | |
|---|---|
| Court | Supreme Court of Bangladesh |
| Court membership | |
| Judges sitting | Chief Justice Mustafa Kamal Justice Latifur Rahman Justice Bimalendu Bikash Roy Choudhury Justice Mahmudul Amin Choudhury |
Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82 is a landmark case decided by the Appellate Division of the Supreme Court of Bangladesh concerning the separation of powers. It is popularly known as the Masdar Hossain case.[1]
Facts
[edit]In 1995, a writ petition was filed by Masdar Hossain, a district judge,[2] on behalf of 441 other judges of the subordinate judiciary. The petition put forward the following points:-
- Including the judicial service under the executive branch's control was ultra vires.
- Chapter II of Part VI of the constitution ensured lower courts were separate from the executive.
- Judges of lower courts could not be subject to an Administrative Tribunal of the executive.
The High Court Division ruled in favor of the petition with a 12-point directive in 1997. The government appealed to the Appellate Division of the Supreme Court.
Judgment
[edit]In 1999, the Appellate Division reversed parts of the High Court Division's ruling but upheld the 12-point directive. It issued a further 12-point directive. The Appellate Division called for the formation of an independent judicial commission to select judiciary members, deal with matters of judicial salaries, and manage discipline. The Supreme Court ruled that the Constitution provided a framework for judicial independence.[3]
Significance
[edit]The verdict led to the formation of the Bangladesh Judicial Service Commission. It was implemented by Chief Advisor Fakhruddin Ahmed during the caretaker administration in 2007.
See also
[edit]References
[edit]- ^ Professor M Rafiqul Islam. "Independence of the judiciary- the Masdar case". The Daily Star. Retrieved 2017-07-11.
- ^ "Masdar Hossain says judiciary is free now". bdnews24.com. 2007-02-12. Retrieved 2017-07-11.
- ^ "Secretary, Ministry of Government of Bangladesh Vs. Md. Masdar Hossain & others - The Lawyers & Jurists". Lawyersnjurists.com. 2011-05-03. Retrieved 2017-07-11.